King’s laws were essentially unjust, and to soften the “rigour” of the law Henry brought…
The American legal system, a direct descendant of the English legal system, began to develop in 1066 and is always evolving. However, the main principles or the “backbone” of this legal system remains the same. The different sources of American law include the Constitution, state constitutions, statutes, common or “case” law, a body of administrative regulations, and court rules. The most important among these various sources of law, other than Constitutional provisions, is common law. The common law process allows judges to hear cases and make decisions, effectively becoming law, based upon these cases. These case decisions become the common law and others must adhere to this “judge-made” law. In the common law process, the judge’s decision or the “holding” of the case binds future courts and creates precedent.…
Equity was developed over centuries but initially as a reaction to the “harshness of the common law or lack of developments in common law”. Furthermore, the common law system went unchanged for centuries and was a system were petitions were presented to the King for his grace in some complaint where “the usual royal answer was let him sue in common law”. In addition, complainants often complained about officials in respect of misconduct and unfairness.…
About 40 years after William arrived in England, his son Henry I became King of England. He established the royal courts, but they didn’t really use the written law. It was left up to the clerics, acting as judges, to be fair and use good sense when they arrived at their judgments. Here is where a common-law tradition was formed. Common law consists of the rules and other doctrine developed gradually by the judges of the English royal courts as the foundation of their decision, and added to over time by judges of those…
The origins of criminal law are explored with a brief history of law in England and the law of early America. The history of the common law in England is examined with its influence on American law. The issue of constitutional law is discussed. Other law such as administrative and regulatory law is presented.…
-Summary: The first attempt to state the entire corpus of the Common Law. The directions were applied to the study and practice of law in England & the US. Rendered the legal system accessible to those educated in lower classes.…
“Under Henry II (r. 1154-1189), England developed and extended a common law – a law common to and accepted by the entire country, unique in medieval Europe” (McKay et al., 2015, pg. 396). When Henry’s son John took the throne, he was a disappointment. When his military lost to France, they made John sign the Magna Carta in 1215, “which became the cornerstone of English justice and law” (McKay et al., 2015, pg. 396).…
Prior to the enactment of the Judicature Act 1873, the administration of common law and equity was completely separated. The principles of equity developed in the Court of the Chancery where a ‘petitioner could seek relief from the harsh or unjust operation of the law’.[3] The Chancery Court was a court of conscience charged with ‘an extraordinary power to prevent the injustices and supply the deficiencies that were perceived in the operation of the Common Law’.[4] The disadvantage of this system was that courts of law refused to recognise equitable rights or interests. The Judicature Act 1873 was enacted in order to merge the administration of law and equity. The effect of the Act was the abolition of the old courts and the creation of a new High Court of Justice that combined the jurisdiction of the old courts.[5] The judicature system was implemented in WA by enacting in the Supreme Court Act 1880 (WA) provisions equivalent to the Act. These provisions are now located in sections 16(1), 24 and 25 of the Supreme Court Act 1935 (WA).…
- equity courts were deciding cases according to general principles – maximes, not by use of legal precedens…
law of tort over hundreds of years and the law of England was first introduced into…
The common law of England was one of the three main historical sources of English law. The other two were legislation and equity. The common law evolved from custom and was the body of law created and administrated by the king’s courts.[7]…
After the Norman Conquest in 1066, an organised system of courts was introduced and the idea was to standardize the law. King William set up the Curia Regis which is known as the King’s Court and he appointed his own judges. Over time, judges picked the best customs which were used by judges throughout the country and the result was law which applied to the whole country which became known as the common law because it was common to the whole country. By 1250, a common law had developed from the cases heard in the Curia Regis which was then used to apply to the whole county. However the common law gradually changed from a dynamic and adaptable system to one that was very well formalised, inflexible and inadequate. Among the defects of the common law was the limited writs availability which was also expensive. Another disadvantage of the common law was that the only remedy then was damages. Damages mean monetary compensation and that was often inadequate. Due to the problems of common law hence came the existence of the principles of equity.…
Hugely important to development of the English Legal System, Common Law has developed over centuries from judgements given in courts. The judge sets the precedent for future laws by its interpretation and ruling, which are then usually used…
The common law developed because the legal system in England and Wales couldn’t rely only on customs. It wasn’t until after the Norman Conquest in 1066 that a more organised system of courts was created. William the Conqueror set up the Curia Regis (The Kings Courts) and appointed his own judges. These judges were also sent to major towns to decide any important cases.…
English common law emerged from the changing and centralizing powers of the king during the Middle Ages. After the Norman Conquest in 1066, medieval kings began to consolidate power and establish new institutions of royal authority and justice. New forms of legal action established by the crown functioned through a system of writs, or royal orders, each of which provided a specific remedy for a specific wrong. The system of writs became so highly formalized that the laws the courts could apply based on this system often were too rigid to adequately achieve justice. In these cases, a further appeal to justice would have to be made directly to the king. This difficulty gave birth to a new kind of court, the court of equity, also known as the court of Chancery because it was the court of the king’s chancellor. Courts of equity were authorized to apply principles of equity based on many sources (such as Roman law and natural law) rather than to apply only the common law, to achieve a just outcome.…